U.S. Rep. James Sensenbrenner, R-Wis, listens to a debate during a congressional breakfast during the National Association of Broadcasters convention in Las Vegas. The convention attracts 100,000 participants from around the world.(AP Photo/Joe Cavaretta) Ran on: 05-03-2005
James Sensen- brenner, R-Wis., has led an effort for national license standards. Ran on: 05-03-2005
James Sensen- brenner, R-Wis., has led an effort for national license standards.

Photo: JOE CAVARETTA

U.S. Rep. James Sensenbrenner, R-Wis, listens to a debate during a...

Tough national driver's-license standards near / Requirement that states verify citizenship is attached to a must-pass war measure

2005-05-03 04:00:00 PDT Washington -- Congressional negotiators moved quickly Monday toward setting strict rules on how states issue driver's licenses, requiring them to verify whether each applicant for a new license or a renewal is in this country legally.

The provisions would also complete the border fence between California and Mexico, sources involved in the talks said.

A House and Senate conference now taking place has included the requirements, which apply to all 50 states and other jurisdictions that issue licenses, in an appropriations bill for continuing military operations in Iraq and Afghanistan, aides involved in the process said.

State officials complain that the new requirements would add a costly, complicated burden to the issuing of driver's licenses, which has been their responsibility for almost a century. Civil rights organizations and privacy advocates say they are concerned that a standardized driver's license would amount to a national identification card and that a central database would be vulnerable to identity theft.

The proposed regulations would replace a provision of the intelligence bill passed in December that called on state and federal agencies to develop new rules for licenses. That law did not specifically require states to check the citizenship or immigration status of applicants.

Eleven states now grant driver's licenses to noncitizens who do not have visas. There is no reliable estimate of how many licenses have been issued to noncitizens, whether in the country legally or illegally.

Some of the ideas in the new measure were rejected in the December debate. But House conservatives, led by Rep. James Sensenbrenner, R-Wis., threatened to block passage of the intelligence bill until they won an agreement that they could try again this year. They got a pledge from the leadership to include the driver's license measures in a must-pass bill this year.

Under the rules being considered, before granting a driver's license, a state would have to require proof of citizenship or legal presence, of an address, and of a Social Security number. It would need to check the legal status of noncitizens against a national immigration database, to save copies of any documents shown and to store a digital image of the face of each applicant.

The licenses issued would have to include the driver's address and a digital photograph, and would incorporate new authentication features designed to prevent counterfeits.

States still could give licenses to illegal immigrants, but they would have different designs or colors to alert security officers that they are unacceptable as IDs for boarding planes or entering federal buildings.

The border fence provision would speed up completion of a 3.5-mile gap in the fence between San Diego and Tijuana, Mexico.

The new law would require that the licenses of legal temporary residents expire when their visas do.

It is unclear how the legislation would affect the renewal of licenses for citizens.

States would have three years after the bill becomes law to meet the standards or their driver's licenses wouldn't be accepted by federal officers for identification.

Supporters of the law say it addresses important security problems, and they note that some of the 19 hijackers in the Sept. 11, 2001, attacks used driver's licenses as identification when checking in, and that a few had had expired visas. Supporters also say the measure would help control illegal immigration.

Caroline Espinosa, a spokeswoman for NumbersUSA, a group that lobbies for tighter borders and tougher immigration laws, said, "This is really targeted toward national security, but a side effect would be discouraging illegal immigrants from coming into the United States and making it more difficult for them to open a bank account, buy a house, rent a car or buy a car."

State officials and some senators say the new provision, known as the Real ID measure, would impose procedures -- such as the authentication of birth certificates -- that would be difficult to meet.

The legislation won't be final until the House and Senate vote on it. The House could take it up later this week but the Senate won't vote until after it reconvenes May 9. The legislation is all but certain to pass.

Cheye Calvo, the director of the transportation committee at the National Council of State Legislatures, predicted that unintended conflicts would emerge from the proposed measure, which he noted would become law without any hearings.

Referring to the various state departments of motor vehicles, Calvo said, "Is the goal here to shut down DMVs?"

However, many state licensing officials have long recognized a need for tighter standards and for better linking of databases, because many drivers whose licenses are revoked in one state quickly get a license in another.

The National Council of State Legislatures said the new rules would cost the states $500 million to adopt.

The new rules have been propelled forward by an unlikely combination of factors. House conservatives have said they will not consider an expanded temporary worker program that is a goal of President Bush and business groups until what they call "border security measures" are adopted. Strategists working with the White House say they have accepted the need to accommodate the conservatives in order to win support for a package of changes in immigration law.

The key provisions

Under the rules being considered, states would have to follow these steps before granting a driver's license:

-- Require proof of citizenship or legal presence.

-- Require an address.

-- Require a Social Security number.

-- Check the legal status of noncitizens against a national immigration database and save copies of any documents shown.

-- Store a digital image of the face of each applicant.

-- Include the driver's address and a digital photograph on the license.

-- Use technology designed to prevent counterfeits.

States still could give licenses to illegal immigrants, but they would have different designs or colors to alert security officers that they are unacceptable as IDs for boarding planes or entering federal buildings.